End User License Agreement

Last Updated: November 2025

This End User License Agreement (“EULA”) is a legal agreement between you and ClimaCall, Inc. governing your use of the ClimaCall software application and services.

1. Grant of License

1.1 License Grant

Subject to the terms and conditions of this EULA, ClimaCall grants you a limited, non-exclusive, non-transferable, revocable license to access and use the ClimaCall software application (“Software”) solely for your internal business purposes in accordance with your subscription plan.

1.2 License Restrictions

You agree NOT to:

  • Copy, modify, or create derivative works of the Software
  • Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software
  • Rent, lease, lend, sell, sublicense, assign, or otherwise transfer rights to the Software
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
  • Use the Software to develop competing products or services
  • Access the Software to build a similar or competitive product
  • Use the Software in any way that violates applicable laws or regulations
  • Use the Software to store or transmit malicious code
  • Interfere with or disrupt the integrity or performance of the Software

1.3 Reservation of Rights

ClimaCall reserves all rights not expressly granted to you in this EULA. The Software is licensed, not sold, to you.

2. Intellectual Property Rights

2.1 Ownership

The Software and all worldwide intellectual property rights therein are the exclusive property of ClimaCall and its licensors. All rights in and to the Software not expressly granted to you in this EULA are reserved by ClimaCall.

2.2 Trademarks

ClimaCall, the ClimaCall logo, and other ClimaCall trademarks, service marks, graphics, and logos used in connection with the Software are trademarks or registered trademarks of ClimaCall. You are granted no right or license with respect to any such trademarks.

2.3 Your Data

You retain all rights, title, and interest in and to any data, content, or materials you submit to or through the Software (“Your Data”). You grant ClimaCall a worldwide, non-exclusive license to use, reproduce, store, and transmit Your Data solely to provide the Software to you.

3. Subscription and Payment

3.1 Subscription Plans

Access to the Software requires a paid subscription. Subscription plans, features, and pricing are described on our website and are subject to change with notice.

3.2 Payment Terms

You agree to pay all subscription fees in accordance with the pricing and payment terms in effect at the time the fees become payable. All fees are non-refundable except as expressly set forth in this EULA or required by law.

3.3 Auto-Renewal

Your subscription will automatically renew for successive periods equal to your initial subscription term unless you cancel before the end of the current term. We will charge your payment method on file at the start of each renewal period.

4. Software Updates and Maintenance

4.1 Updates

ClimaCall may provide updates, patches, bug fixes, or new versions of the Software from time to time. Such updates may be automatically installed without providing additional notice or receiving additional consent. You consent to such automatic updates.

4.2 Support and Maintenance

ClimaCall will provide technical support and Software maintenance in accordance with our standard support policies, which may vary by subscription plan. Support is provided via email, chat, or phone as specified in your plan.

5. Data Privacy and Security

5.1 Privacy Policy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into this EULA by reference.

5.2 Data Security

ClimaCall implements industry-standard security measures to protect Your Data. However, you acknowledge that no security measure is perfect and ClimaCall cannot guarantee absolute security.

5.3 Data Backup

While ClimaCall performs regular backups of data stored in the Software, you are responsible for maintaining your own backups of Your Data. ClimaCall is not liable for any loss or corruption of Your Data.

6. Acceptable Use

You agree to use the Software in compliance with all applicable laws and regulations and in accordance with this EULA. You agree NOT to:

  • Use the Software for any illegal, harmful, or fraudulent purpose
  • Transmit spam, viruses, or other malicious code
  • Attempt to gain unauthorized access to the Software or related systems
  • Interfere with other users use of the Software
  • Use the Software to harass, abuse, or harm others
  • Impersonate any person or entity
  • Collect information about users without their consent

7. Disclaimers and Warranties

7.1 No Warranty

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIMACALL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Guarantee

ClimaCall does not warrant that:

  • The Software will meet your specific requirements
  • The Software will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Software will be accurate or reliable
  • Any errors in the Software will be corrected

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • IN NO EVENT SHALL CLIMACALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE
  • CLIMACALL S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS EULA SHALL NOT EXCEED THE AMOUNT YOU PAID TO CLIMACALL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
  • THESE LIMITATIONS APPLY EVEN IF CLIMACALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

9. Indemnification

You agree to indemnify, defend, and hold harmless ClimaCall and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys fees) arising out of or relating to:

  • Your use or misuse of the Software
  • Your violation of this EULA
  • Your violation of any rights of another party
  • Your Data or any content you submit through the Software

10. Term and Termination

10.1 Term

This EULA begins on the date you first access the Software and continues until terminated in accordance with this section.

10.2 Termination by You

You may terminate this EULA at any time by canceling your subscription and ceasing to use the Software.

10.3 Termination by ClimaCall

ClimaCall may suspend or terminate your access to the Software immediately, without prior notice, if:

  • You breach any provision of this EULA
  • Your subscription payment fails or your account is past due
  • You engage in fraudulent or illegal activity
  • We discontinue the Software (with 30 days notice)

10.4 Effect of Termination

Upon termination:

  • Your license to use the Software immediately ends
  • You must cease all use of the Software
  • ClimaCall may delete Your Data from our systems
  • You will not be entitled to any refund of prepaid fees

11. Export Compliance

The Software may be subject to export controls under U.S. law. You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo and that you are not on any U.S. government list of prohibited or restricted parties.

12. Governing Law and Dispute Resolution

12.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising out of or relating to this EULA shall be resolved through binding arbitration administered by the American Arbitration Association. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.

12.3 Class Action Waiver

You agree that disputes will be resolved only on an individual basis and not as a class action or consolidated proceeding.

13. General Provisions

13.1 Entire Agreement

This EULA, together with our Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and ClimaCall concerning the Software.

13.2 Amendments

ClimaCall may modify this EULA at any time by posting a revised version on our website. Material changes will be effective 30 days after posting. Your continued use of the Software constitutes acceptance of the modified EULA.

13.3 Waiver and Severability

The failure of ClimaCall to enforce any right or provision of this EULA will not constitute a waiver of such right or provision. If any provision is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.4 Assignment

You may not assign this EULA without ClimaCall s prior written consent. ClimaCall may assign this EULA without restriction.

13.5 Survival

Sections that by their nature should survive termination of this EULA will survive, including but not limited to Intellectual Property Rights, Disclaimers, Limitation of Liability, and Governing Law.

14. Contact Information

If you have questions about this EULA, please contact us:

ClimaCall, Inc.

Legal Department

Email: legal@climacall.com

Support: support@climacall.com

Website: www.climacall.com

Acceptance: BY ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.